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3-31-2020 Con Com Minutes - FINALBeverly Conservation Commission March 31, 2020 Meeting Minutes Page 1 of 8 CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD OR COMMISSION: Beverly Conservation Commission SUBCOMMITTEE: DATE: March 31, 2020 LOCATION: Virtual Meeting, held remotely via phone and internet MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Robert Buchsbaum, David Dines, Richard Grandoni, Stephanie Herbster, William Squibb MEMBERS ABSENT: STAFF PRESENT: Jenna Pirrotta, Environmental Planner RECORDER: Sarah Scott - Nelson Bertoni calls the meeting to order at 7:07 p.m. in the virtual meeting, held by internet and phone, per Governor Baker's March 13, 2020 "Order Suspending Certain Provisions of the Open Meeting, G.L. c. 30A, §20." ANNOUNCEMENTS Bertoni confirms Commissioner and participant access to the online meeting and reads the meet- ing introduction in light of the COVID -19 emergency. RECESS FOR PUBLIC HEARINGS Buchsbaum moves to recess for public hearings. Seconded by Dines. The motion carries 5 -0. Squibb was temporarily out of the meeting. NOTICES OF INTENT / ABBREVIATED NOTICES OF INTENT / REQUESTS FOR AMEND ORDERS OF CONDITIONS Cont: 451 & 453 -455 Essex Street, DEP #5 -1287 — Jeff Fazio, Fazio Enterprises, Inc. Robert Griffin of Griffin Engineering, representing the applicant, shares slides to review and af- firm delineated resource areas on the site. Griffin explains the reasoning why the stream on site is not a perennial stream. Squibb rejoined the meeting. Buchsbaum asks about the robustness of the USGS determination. Bertoni asks if the stream is within the property. Griffin states that the stream crosses onto the property at one section, but is just outside the property boundary for the most part. Bertoni opens up the discussion to members of the public. No members of the public contributed any comments. The Commission agrees to schedule a site visit. Bertoni suggests scheduling the site visit for 8 a.m. on April 18, 2020, with the condition that public meetings are still acceptable if the Commission arrives in separate cars and maintains so- cial distancing. If the Commission finds that they cannot have a site visit, they will continue the hearing further, and if the site visit date would be moved. Griffin also offers to arrange individual site visits with the Commissioners. Beverly Conservation Commission March 31, 2020 Meeting Minutes Page 2 of 8 Buchsbaum moves to continue the hearing to the April 28, 2020 meeting. Seconded by Herbster. The motion carries 6 -0. Cont: 167 West Street, DEP #5 -1290 — Marc & Heather Hazel The applicant requested that the Commission continue this hearing as they are still working on plan revisions. Buchsbaum moves to continue the hearing to the April 28, 2020 meeting. Se- conded by Herbster. The motion carries 6 -0. Cont: 179 West Street, DEP #5 -1292 — Gerhard Schulmever David Cowell of Hancock Associates, representing the applicant, explains the plans to demolish a single - family house with associated appurtenances. Squibb asks about the final determination of the wetlands in the front. Cowell states that there are no wetlands on the property -side of the railroad. Pirrotta brings up the question of whether a septic system is present on -site. Cowell states that the removal of the septic system has been added to the plan, as well at the 50 -foot buffer zone, as previously requested by the Commission. Bertoni opens up the discussion to members of the public. No members of the public provided comments for this project. The Com- mission discussed including a condition that the applicant should file for a Certificate of Compli- ance before the next meeting. Herbster moves to close the hearing. Seconded by Buchsbaum. The motion carries 6 -0. Cont: 20 Longmeadow Road, DEP #5 -1291 — Kash Abare David Cowell of Hancock Associates, representing the applicant, describes the plans to construct a garage addition on an existing single - family house and replace an existing driveway. Cowell recalls that the Commission requested that the landscaping be limited to native species. Conse- quently the applicant provided an updated planting plan. Squibb asks about the bushes near the chicken coop on the original plan. Cowell states that while he does not recall previous shrubs, there is a plan to add a few evergreen shrubs next to the chicken coop. Bertoni opens up the dis- cussion to members of the public. No members of the public provided comments for this project. Buchsbaum moves to close the hearing. Seconded by Grandoni. The motion carries 6 -0. Cont: 12 -14 Museum Road, DEP #5 -1293 — Elaine Crowley George Zambouras, engineer for the project, gives a brief recap of the project to remove and re- place an existing deck, stairs, and walkway; remove a tree stump removal; and provide mitiga- tion plantings. The Commission previously requested an updated plan with the bushes outside of the resource area and an updated plan is needed for the file as the revised plan inadvertently left off the proposed walkway. Bertoni opens up the discussion to members of the public. No mem- bers of the public provided comments for this project. Beverly Conservation Commission March 31, 2020 Meeting Minutes Page 3 of 8 Grandoni moves to close the hearing on 12 -14 Museum Road. Seconded by Buchsbaum. The motion carries 6 -0. New: New England Power Company, (No DEP file # as of posting) — New England Power Company c/o Joshua Holden Pirrotta reads the legal notice. Lee Curtis of BSC Group, representing the applicant, explains the plans to replace and relocate an underground electric transmission cable and maintain and up- grade two existing substations. Curtis states that most of the temporary impact on the resource area is in the removal of the existing cable. Curtis explains the submarine aspect of the project, where divers will replace sediment by hand after the cable is removed. Curtis also explains the plans to minimize impacts to resource areas by prevention of future leaks and by implementing best management practices during construction, and requests an Order of Conditions and a No- Disturb/No -Build waiver on behalf of National Grid. Joshua Holden, with National Grid, describes the jack and bore techniques to install the cable, in response to Buchsbaum's question. Grandoni asks about the removal of the cable and whether it is encased in anything. Holden confirms that the cable is not encased, but it is armored to protect it and it is not buried with a concrete cap. Curtis confirms, in response to Bertoni's question, that they do not plan to disturb the vernal pool or any vegetation. No DEP file number was issued yet for the proposed project and BSC Group stated they will provide photos and /or videos of sensi- tive resource area sections of the proposed cable route. Bertoni opens up the discussion to mem- bers of the public. No members of the public provided comments for this project. Dines moves to continue to the April 28, 2020 meeting. Seconded by Buchsbaum. The motion carries 6 -0. RECONVENE REGULAR MEETING Grandoni moves to reconvene the regular meeting. Seconded by Squibb. The motion carries 6 -0. REQUEST FOR DETERMINATIONS OF APPLICABILITY Cont: 10 Tall Tree Drive — Kathleen Martens Pirrotta states that an updated plan was received yesterday, March 30, 2020. The Commission discusses details of the RDA for the after - the -fact deck, shed, and landscaping, and proposed tree removal. Martens confirms that approximately 10 feet of the deck will remain. Martens asks about the possibility of a temporary access bridge to the far side of the property. Grandoni sug- gests having a site engineer to look at the site so that a final decision can be made in light of all the impacts that have been already made and what should be done to mitigate it. The Commis- sion discusses the impacts of the construction on site with Martens. Bertoni suggests that this come back with a final revision involving returning the stairs to the original location, retaining the spa, come back with a revised plan for one or two sheds and remove the temporary bridge. Pirrotta confirms that the Commission received a more recent RDA which reflects the stated con- ditions included the spa and deck, with the exception of the sheds, which are not depicted on the Beverly Conservation Commission March 31, 2020 Meeting Minutes Page 4 of 8 revised plan. The applicant is hesitant to continue this out to a future meeting, so the Commis- sion discusses eliminating approval of the sheds in this Determination as it is not included on the plan. This could be addressed in a future filing. Grandoni moves to issue a Negative 2 and Negative 3 determination for this after the fact filing with conditions. Seconded by Buchsbaum. The motion carries 6 -0. New: 50 Dunham Road — Dunham Ridge, LLC Damien Savoie of Cummings Properties, representing the applicant, explains the plans for the removal of the invasive bittersweet along the existing parking area /roadway. The Commission suggests getting more detail on the invasive removal plan methodology including the potential equipment, determining whether herbicides will be used, maintenance and monitoring, and con- tacting a professional for a recommended approach. Dines moves to continue to the April 28, 2020 meeting. Seconded by Buchsbaum. The motion carries 6 -0. REQUESTS FOR CERTIFICATE OF COMPLIANCE Cont: 35 Standlev Street, DEP #5 -704 — Waring School By request of the applicant, the Commission previously continued this request to the April 28, 2020 meeting. Cont: 9 Kinsman Street, DEP 45 -1222 — MPM Companies, LLC By the request of the applicant, the Commission previously continued this request to the June 30, 2020 meeting. New: 32 Dunham Road, DEP #5 -500 — Essex County Newspapers, Inc. Pirrotta reports that the applicant's representative emailed her earlier this evening that they would not be attending the meeting, but that they did not request a continuance. However, Pirrotta reports that she conducted a site inspection with the project representative and the build- ing appeared constructed as proposed, but that the plantings do not appear to have been installed as proposed. Buchsbaum asks the original intention of the project of the berm over the wetland. Pirrotta states that it was a sort of stormwater detention for runoff from the parking area. Gran - doni states that the Commission is guessing at the state of the site and needs more information from the applicant. Squibb moves to continue to the April 28, 2020 meeting. Seconded by Herbster. The motion car- ries 6 -0. Beverly Conservation Commission March 31, 2020 Meeting Minutes Page 5 of 8 OLD / NEW/ OTHER BUSINESS REQUEST FOR EXTENSION TO ORDER OF CONDITIONS New: 109 Water Street, DEP # 5 -1210 Curtis Cheney of Collins Engineers Inc, representing the applicant, explains that the Notice of Intent for the work was originally filed in April 2017 for 30 foot apron for the condominium sea- wall. The company did a full inspection and the property needed more work than just that origi- nally intended on the wall and filed an additional Notice of Intent for that work. This resulted in delays and they would like to extend the Order of Conditions to complete the work. Dines moves to issue a one year extension under both the state Wetlands Protection Act and Bev- erly Wetlands Ordinance. Seconded by Buchsbaum. The motion carries 6 -0. ENFORCEMENT ORDERS Cont: 10 Tall Tree Drive Pirrotta gives a brief recap that Martens has been in touch with one wetland company (LEC En- vironmental). The applicant explains her intentions to have the area sprayed with hydro -seed but states that she is willing to comply with the Commission's suggestions of the site. Bertoni asks if the Commission has received a re- vegetation plan. Pirrotta confirms that the Commission has not. Bertoni requests a specific mitigation plan for the site, consistent with the Commission's En- forcement Order and suggests perennial plants which Martens will not have to care for as often and which she is not allergic to. Martens also suggests that the City Open Space property have a system to notify when people are coming along the trail to prevent the further spread of corona - virus. Dines moves to modify the Enforcement Order to include a date certain of June 30, 2020 for providing a restoration plan. Seconded by Herbster. The motion carries 6 -0. Cont: 2 Farms Lane The Commission is expecting to receive more information by the April 28, 2020 meeting. Pirrotta reports that the applicant was still waiting on quotes and may not be able to provide an application by the next meeting as requested, due to consultant availability. Cont: 82 River Street Pirrotta requested an update on the status of a restoration plan for this meeting but has not yet re- ceived any new information. Dines moves to modify the Enforcement Order to change the requirement to submittal of a resto- ration plan instead of a notice of intent. Seconded by Buchsbaum. The motion carries 6 -0. Beverly Conservation Commission March 31, 2020 Meeting Minutes Page 6 of 8 New: 112 Valley Street Pirrotta reports that a restoration plan was due for review at the next meeting and that the Com- mission did not require an appearance of the applicant at this meeting. Becky Roy, the property owner, was in attendance and states that she will submit a restoration plan including removal of a bridge and shed and creating a "no -mow" area, and for permitting one bridge and the retaining wall by April 21, 2020. VIOLATION NOTICES Cont: 7 Hemlock Street Squibb reports from his site visit that there are what appear to be manually placed stones in the stream, but that they are not preventing water flow. Pirrotta reads a letter from Sydney Atkins of 104 Valley Street, who expresses concern about the increase of water on and around their prop- erty, which may be attributed to work in the stream. Bertoni states that she would like to make a site visit again, as the previous one was canceled and as many people are speculating about what is causing the increase water. Buchsbaum suggests the Commission can only speculate at what is causing the increase of water, without expertise as hydrologists. Herbster states that she missed the first site visit, so would appreciate a visit to the site. The Commission schedules a site visit for 9:00 a.m. on April 18, 2020. Eric Swanzey, property owner, joins the discussion and reports having seen a beaver on site re- cently, which may contribute to the rising water level problem. MINOR PROJECT PERMITS 20 Bates Park Avenue Pirrotta reports that she issued a Minor Project Permit for the installation of a small deck on the rear of the house that was just inside of 100 Foot Buffer. Pirrotta conditioned the permit that any excavated soils be removed from the area. The Commission reported no concerns. Cont: Waring School Soccer Field Encroachment Pirrotta explains that the Commission requested more insight at the previous meeting on the his- tory of the project and reports that she discussed this with the Assistant City Solicitor. She re- ports the background of the encroachment and asks if the Commission would like to make a vote to move forward and coordinate with the Solicitor's Office on the encroachment issue. The Com- mission discusses the options for the project. Squibb suggests there are alternatives within the property to relocate the soccer field entirely within their property and remove the encroachment onto City land, and states that the land swap from previous discussion was not feasible. Bertoni recalls that a vote was taken at the previous meeting but resulted in a tie. Herbster suggests that it is up to the applicant to come up with creative solutions if the Commission is not in favor of a land swap. Beverly Conservation Commission March 31, 2020 Meeting Minutes Page 7 of 8 Grandoni moves that the Commission request that the Solicitor's Office begin enforcement to vacate the encroachment. Seconded by Herbster. The motion carries 4 -2. Pirrotta will notify the Solicitor's Office. CONT: BEVERLY AIRPORT — Airport Solutions Group /Airport Manager Pirrotta reports no updates on this topic for this meeting. Community Gardening Proiect The Commission discusses the new draft of the proposed community gardening site off of Emily Way, as drafted by the Engineering Department. The Commission discusses the improvements in the new plan from the previous ones, while still giving the applicant a similar area and amenities as the gardens located at the Cole Street site. Pirrotta will take the Commission's feedback to the Engineering Department, as they expect to file a Request for Determination of Applicability for the work at a future meeting. Expenditures Pirrotta reports there are no expenditures for this meeting. ORDERS OF CONDITIONS Cont: 179 West Street DEP #5 -1290 — Marc & Heather Hazel The Commission suggests including standard state and local conditions, and discussed including special conditions relating to the following: 1. Use of staked erosion controls 2. All debris to be removed off -site, with appropriate disposal 3. Proper decommissioning should be used for septic per Title V (if septic is present) 4. Only clean fill shall be used (if any) 5. Condition to file a COC request for the building addition under expired OOC #5476 by the next meeting 6. Condition that a COC must be sought /received for this demolition work, prior to issuing future OOCs 7. Standard perpetual conditions Buchsbaum moves to issue an Order of Conditions with the conditions as discussed, under both the state Wetlands Protection Act and local Wetlands Ordinance. Seconded by Herbster. The mo- tion carries 6 -0. Cont: 20 Longmeadow Road, DEP #5 -1291 — Kash Abare The Commission suggests including standard state and local conditions, and discussed including special conditions relating to the following: 1. Use of erosion controls down - gradient of the work Beverly Conservation Commission March 31, 2020 Meeting Minutes Page 8 of 8 2. Requirement of the pervious driveway materials vs bituminous pavement 3. Construction staging and material storage shall be located at the front of the house /drive- way. 4. Any debris generated shall be removed off -site and properly disposed of at an appropriate facility. 5. The shed shall be removed and disposed of offsite, with the area replanted with native species. 6. The chicken coop shall not be located within the 25 -foot NDZ. 7. Standard perpetual conditions Buchsbaum moves to issue an Order of Conditions with conditions as discussed, under both the state Wetlands Protection Act and local Wetlands Ordinance. Seconded by Squibb. The motion carries 6 -0. Cont: 12 -14 Museum Road, DEP #5 -1293 — Elaine Crowley The Commission suggests including standard state and local conditions and discussed including special conditions relating to the following: 1. Standard mitigation planting survival criteria 2. There shall be no mulching or mowing in the mitigation planting area and the area shall be allowed to naturalize. 3. During construction, any drainage generated as a result of dewatering shall be discharged to existing drainage courses with proper filtration and erosion control measures. A specification of this shall be sent to the Conservation Agent prior to dewatering occurring. 4. Any debris generated (including spoils from deck footings) shall be removed off -site and properly disposed of at an appropriate facility. 5. Erosion controls shall be in place down - gradient of any excavation, including for stump re- moval. 6. Standard perpetual conditions Herbster moves to issue an Order of Conditions with conditions as discussed, under both the state Wetlands Protection Act and local Wetlands Ordinance. Seconded by Grandoni. The mo- tion carries 6 -0. ADJOURNMENT Herbster moves to adjourn at 11:32 p.m. Seconded by Dines. The motion carries 6 -0. The next regular meeting of the Conservation Commission is Tuesday, April 28, 2020 via virtual meeting with remote participation available through internet and phone.